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March 22, 2004
Colleyville City Council Candidate
Mark Jones Has a Criminal Record
DWI Arrest and Arrest for
"Unlawful Carrying of a Handgun by a licensed
holder-intoxicated" not revealed on sworn disclosure filed with
city under misdemeanor crime of "moral turpitude."
by Staff LNO Writers
In a search of public records
regarding candidates for local offices (Click
Here to See Candidates reviewed), a total of 43 candidates were
reviewed from Colleyville, Grapevine, Keller, Hurst, and North Richland
Hills for municipal positions, as well as, GCISD and Carroll ISD for
Board of Trustee positions. Out of 43 candidates only one was
discovered to have any criminal record. Current hold-over Colleyville
P&Z Commissioner and Colleyville City Council Candidate for Place
5 Mark Jones, seen below in a Bedford Police Department
mug shot, was arrested around 5 PM on March 23, 1999 for DWI (Driving
while Intoxicated) and Unlawful Carrying of a Handgun by a licensed
holder-intoxicated.

A Bedford Police Officer witnessed
Jones in a black Suburban crashing into a parked vehicle in the
Chili's parking lot at 4:54 pm according to the Bedford Police
report. The police officer's report stated that the Suburban,
"remained attached for several minutes." Jones was
then able to get his black Suburban detached and left the scene of
the accident at 2400 Airport Freeway. Jones was pursued by a
Bedford Police officer who writes in her report that,
"...the vehicle finally yielded to lights and sirens in the
1800 block of Park Place. The driver drove the vehicle upon the
grass in the 2400 block of State Hwy 183. The vehicle then struck
the curb at 1800 Park Place."
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Jones had crashed into and
damaged the sixteen year old Buick of 78 year old Nelson Walraven of
Euless. Jones was witnessed smashing into Walraven's vehicle and
then leaving the scene by Stacey Warner of North Richland Hills who
flagged down a Bedford Police officer as well.

At 4:54 pm Jones was leaving the
Chili's Restaurant at the 2400 Block of Airport Freeway. When
Jones was pulled over, according to Euless Police Officer Michelle
Rodela, Jones "smelled of alcoholic beverage" and was
given a sobriety test. Jones "failed each test," and
was taken into custody, "handcuffed, doubled locked and
seated in patrol unit 22." |

A fully loaded semi-automatic Glock
Pistol, similar to the one above, was found in Jones' suburban
with 3 clips and a total of 23 rounds of ammunition with a
"speed loader". |
When a
computer check reported Jones to have a license for a concealed
weapon the officer asked him if he had a gun. Jones first
stated he could not remember, maybe he had "left it at
home," but later stated the gun was by the driver's seat.
Texas Law states that anyone arrested on a DWI violating the
concealed weapons law loses the right to carry a weapon for a
minimum of five years. |
To read Bedford Police
Officer Michelle Rodela's police report on initially arresting Jones, Click
Here ( in PDF format). The
Tarrant County DWI report stated that Jones's clothes were
"disorderly," and that he "swayed" and "slurred
his speech." The report also said there was an 8 ounce cup of
"whiskey." Jones was written up as
"staggering" out of the vehicle and "slow in
speech." Click
Here to see the DWI report (in PDF Format) Jones
was transported to the Euless Police Department for a Intoxilyzer test
and showed more than twice the current allowable level by Texas law.
| Jones was later given
an Intoxilyzer breath test at the Euless Police Dept.
Jones' alcohol content was more
than twice the current level allowed by Texas law.
An .08 is the current maximum
allowable and Jones was certified as having .191 and a .182
level. |
 |
Jones was released the
evening of March 23, 1999, "pending further investigation."
According to police reports, on March 24, 1999 at 12:15 pm Jones came to
the Bedford Police Department to "take possession of the
holster" and received a copy of a citation. He was given a
copy of "Notice of Suspension" (of permission to carry), along
with the citation.
On March 25, 1999, Bedford Police Investigator R.S. Hagler presented an
affidavit to the Magistrate Judge that in part stated that Jones, "committed
the offense of Unlawful Carrying of Handgun by Licensed
Holder-Intoxicated, to wit; Defendant Mark Anthony Jones
intentionally or knowingly or recklessly carried a handgun while
intoxicated and operating a motor vehicle.." A warrant
was issued for the arrest of Mark Jones of Colleyville, Click
Here to see a PDF copy of the Arrest Warrants and statement by the
Bedford Police Investigator. The
Texas Department of Public Safety reports that Jones was sentenced on
September 23, 1999 for a "Class B Misdemeanor" to 90 days in
jail. Jones was given the option to pay a fine or confinement. The
records report that, "Subject has been found guilty of a
criminal charge, either upon a criminal trial, a plea of guilty or
a plea of nolo contendere." Click
Here for Public Safety Report. Jones
was also placed on 24 months probation until October 1, 2001. CLICK
ON FORM TO ENLARGE......
Jones has been the center of
controversy surrounding the veto of Colleyville's Planning and Zoning
appointments by Mayor Joe Hocutt. Mayor Pro Tem Ginny Tigue has
refused to consider any compromise to settling the impasse that did not
include Jones remaining on the Planning and Zoning. At the last
work shop Councilman Mark Skinner announced that he would continue to
support Hocutt's veto of appointees because he was not comfortable with
them being the "gate-keepers of the city." The result of
the Hocutt, Tigue and Skinner coalition has been to block new appointees
to the P&Z and allowed Jones to remain as a Commissioner well past his expired term of September 2003.

Mark Jones above as he appeared
serving on the
P&Z. He continues to serve seven months past his expiration of term because of vetoes.
Recently, Jones made appearance changes, apparently upon his
determination to be a city council candidate. |

Campaign photo provided by Jones
campaign in March 2004. Ads appeared in the Arp owned local
paper touting his Colleyville Chamber and other service since
2000. |
|

Mayor Joe Hocutt has
continued to veto the appointed replacements to Mark Jones on
the P&Z. However, the same night he vetoed Jones'
replacement for the 6th time, the mayor offered a resolution condemning
the Super Bowl performance of Janet Jackson. |

Mayor Pro Tem Ginny Tigue has
insisted Jones remain on P&Z, he is now a candidate to
replace her on city council. Joe & Ginny Tigue and Jones
were overheard Feb. 18th, on live council TV, discussing Jones'
campaign and PAC monies. Tigue said she "didn't want
to waste the money." |
|

Councilman Mark Skinner has
voted for the council appointees but has not crossed his close
ally and friend Mayor Hocutt by voting to overturn his veto. He
has said he was concerned about the P&Z as
"gate-keepers" of the city.
Skinner has nominated two of the three candidates that he later
failed to support by not voting to overturn Hocutt's veto. |
The
veto support coalition of Hocutt, Tigue and Skinner has
prevented the replacement of Mark Jones on P&Z by appointees
from the council majority of Elaine Dolan, Rich Hendler and
Jon
Ayers. Jones, has named
Janice Cole as his treasurer.
During last year's election it was
reported by LNO that Cole appeared to have utilized PTA lists
for a political email campaign in support of Hocutt. Cole denied
using the list and was witnessed making verbal threats to LNO's
Editor, that "you better not put anything about that up
again." Cole was leaving a council meeting after she had
just spoken in favor of Hocutt's veto action. |
Jones was appointed to the
P&Z in September 2001, actually one month before his 24 month probation
period expired. Jones made no disclosures concerning the
criminal offense on his P&Z application.
After Jones filed for city council to replace Ginny Tigue in February
ads immediately began appearing in the Donna Arp owned local
newspaper. The ads tout Jones' accomplishments since 2000 and
highlight his Colleyville Chamber activities. Jones continues to
occupy a seat on the Colleyville Planning and Zoning Commission now with
only five members. Other than Jones, two members, Earl Swift
and Jeff Wall have been embroiled in ethics hearings concerning
their attitude and actions on P&Z in matters pertaining to developer
David Bagwell. Bagwell has testified that Swift and Wall held up his projects based on personal bias and their claims that
another Bagwell project somehow caused siltation problems in the pond in
Monticello where Swift, Wall and Mayor Hocutt live.

Gasper, in middle between Jeff Wall
and Earl Swift. The ethics hearings testimony has revealed
at one point that Swift was overheard saying that Bagwell
should, "have his ass run out of town." |
Of the three
complaints that have been filed with the Colleyville Ethics
Commission, two were filed against other P&Z members Jeff
Wall and Earl Swift and one filed by two-time
council candidate Jo Ann
Gasper against her opponent former Mayor Richard Newton. Gasper claimed
Newton had committed "moral turpitude" for failing to
reveal on his council application that Gasper had filed a
complaint with the Texas Election Commission against
Newton. The complaint was dismissed by the Election
Commission and the Colleyville Commission. Gasper,
previously appointed to P&Z, withdrew her name from
consideration when it was revealed she failed to report a
financial contribution she solicited from developer David
Bagwell.
|
Jones filed for Colleyville City Council on February 24, 2004 and his
application was notarized by City Secretary Cynthia Singleton. The
Affidavit states, under oath that the applicant has completed the
application providing all information as required.
The Affidavit filed by Jones includes Form 6. Jones checked the box
that he has had a Personal Chapter 7 Bankruptcy, however the bottom of the form
requires disclosure of any Misdemeanor, "involving moral
turpitude." The definition of "moral turpitude"
appears to be a very subjective issue. For example, two-time
council candidate Jo Ann Gasper filed a
complaint based on "moral turpitude" because Richard Newton
failed to disclose her complaint against him with the Texas Election
Commission.
Jones
did not disclose the DWI conviction on his recent applications for
either P&Z or as a city council candidate under the "moral
turpitude" section. To see a copy of the
pertinent pages of Jones' application for Colleyville City Council, Click
Here for PDF The definition, per the city
council packet provided to candidates, is that "Moral turpitude" means the quality of a crime involving grave infringement of the moral sentiment of the community.
Concerning the concept of "grave infringement of the moral
sentiment of the community," Sunday March 21, 2004, The Missourian reported on the
struggle in Missouri concerning citizens with concealed licenses to
carry guns and alcohol.
Missouri's new concealed weapons law doesn't take effect until Oct. 11, but Cape Girardeau County Prosecuting Attorney Morley Swingle is already telling residents "guns and drunks don't mix -- safely or well." "Driving while intoxicated is a very dangerous activity," he said. "But possession of a firearm while intoxicated is even more dangerous. That's why I've informed law enforcement that we're going to aggressively prosecute these cases."
He expects many people will seek permits to carry concealed weapons, and believes it is important to public safety they are not intoxicated when they carry them.
"When they're making plans to go out, people need to take their guns out of their holsters and leave them in a desk drawer if they're going to drink that night," Swingle said.
"Drunks who carry weapons, concealed or otherwise, in Cape Girardeau County will be charged with felonies and my office will seek jail time,"
he said.
Lt. David James of the Cape Girardeau County Sheriff's Department said raising possession to a felony was "probably a good move."
"They're probably trying to keep weapons out of the hands of those who are too intoxicated to have the mental capacities to make good
judgments," he said of the legislature's choice.
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There is an obvious link between gun
violence and alcohol, as well as the tragedy suffered by thousands of
families each year due to drunk drivers.
If no action is taken by Colleyville City Council in the Jones matter, the definition of
"moral turpitude" is likely to be considered a very
elusive matter. Consider, a complaint about a political opponent's
sign to the Elections Commission was considered "moral
turpitude" by some, versus the serious crime of being
arrested for both drunk driving and having a weapon while intoxicated,
as described above. If these offenses do not rise to "moral
turpitude," then citizens are likely to ask just what offense
will reach "moral turpitude involving grave infringement of the
moral sentiment of the community?
Click Here to read a column concerning this article. The
National Highway Traffic Safety Administration reports over the past 20
years that 40% to 60% of all killed in automobile crashes are alcohol
related.
| Calendar
Year |
Total
Killed in
Alcohol Related Crashes |
Total
Killed in
All Traffic Crashes |
| Number |
Percent |
Number |
Percent |
| 1982 |
26,173 |
60% |
43,945 |
100.0% |
| 1983 |
24,635 |
58% |
42,589 |
100.0% |
| 1984 |
24,762 |
56% |
44,257 |
100.0% |
| 1985 |
23,167 |
53% |
43,825 |
100.0% |
| 1986 |
25,017 |
54% |
46,087 |
100.0% |
| 1987 |
24,094 |
52% |
46,390 |
100.0% |
| 1988 |
23,833 |
51% |
47,087 |
100.0% |
| 1989 |
22,424 |
49% |
45,582 |
100.0%
|
| 1990 |
22,587 |
51% |
44,599 |
100.0% |
| 1991 |
20,159 |
49% |
41,508 |
100.0% |
| 1992 |
18,290 |
47% |
39,250 |
100.0% |
| 1993 |
17,908 |
45% |
40,150 |
100.0% |
| 1994 |
17,308 |
43% |
40,716 |
100.0% |
| 1995 |
17,732
|
42% |
41,817 |
100.0% |
| 1996 |
17,749 |
42% |
42,065 |
100.0% |
| 1997 |
16,711 |
40% |
42,013 |
100.0% |
| 1998 |
16,673 |
40% |
41,501 |
100.0% |
| 1999 |
16,572 |
40% |
41,717 |
100.0% |
| 2000 |
17,380 |
41% |
41,945 |
100.0% |
| 2001 |
17,400 |
41% |
42,196 |
100.0% |
| 2002** |
17,419 |
41% |
42,815 |
100.0% |
*Source - National Highway
Traffic Safety Administration FARS data
**As of July 17, 2003
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